Patna High Court
Madhuri DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Madhuri Devi, was arrested after 11 litres of liquor were recovered from her joint house in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act. She contended that she had no conscious possession of the liquor and that the recovery was from a shared residence, asserting innocence and lack of incriminating material. The State opposed bail, citing the seriousness of the offence. The Court noted the petitioner’s custody since 20‑11‑2025, her prior criminal antecedent, and the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, but nonetheless found the circumstances sufficient to grant bail. Accordingly, the Court ordered her release on bail upon furnishing a bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
- Whether the lack of conscious possession and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affect the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition act
- excise
- liquor seizure
- Section 30(a)
- Section 103
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91152 of 2025
Arising Out of PS. Case No.-284 Year-2025 Thana- JANTA BAZAR District- Saran
======================================================
Madhuri Devi W/O Ramesh Chaudhary R/O Village- Shobhipur, P.S- Janta
Bazar, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Janta
Bazar P.S. Case No. 284 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 71 liters
liquor has been recovered from four different places out of
which 11 liters liquor along with other articles recovered from
the house of the petitioner and he was arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.91152 of 2025(2) dt.19-01-2026
2/2
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the alleged recovery has been
made from the joint house of the petitioner where other family
members also reside. The petitioner is in custody since
20.11.2025 and has got one criminal antecedent in which she is
on bail. There is no compliance of Section 103 of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Janta Bazar P.S.
Case No. 284 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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